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The extradition request procedure of Christian James Michel - a British middleman wanted by Indian investigative agencies in connection with the AgustaWestland VVIP chopper scam - would be a "violation" of the international treaty signed between the UAE and India, a lawyer has argued at Dubai's highest court.
Emirati lawyer Abdul Moneim bin Suwaidan of Bin Suwaidan Firm for Advocates and Legal Counsels, who is representing Michel, contested the lower court's ruling, according to which his client could be extradited.
He argued that the Indian authorities did not follow the "proper procedures" when requesting the extradition. "The request should have been filed by India's Ministry of Home Affairs rather than its Ministry of External Affairs."
He contended that the procedure was "flawed" since it did not comply with the clauses of the treaty signed in this regard. "Accordingly, the lower court order should be reversed," he argued.
The court will hold another hearing later this month, when the lawyer is expected to complete his defence arguments.
The Briton, who is accused of organising bribes in exchange for a contract for VVIP helicopters, filed his appeal before the Dubai Court of Cassation within 30 days after the lower court's ruling.
He remains behind bars in Dubai since he was arrested and sent to custody here pending the legal and judicial procedures. He lost his bail conditions after the appellate court ruled on September 2 that he could be extradited. This was in response to a request filed by the Indian authorities to the UAE in connection with corruption-related charges.
Earlier, a public prosecution source told Khaleej Times that Michel's extradition request had been denied by Switzerland and Italy.
According to the source, Michel's extradition request had previously been closed administratively here as the necessary papers were not available then from India. Once his file was complete, the case was re-opened. He was summoned and confronted with the file after.
He denied the charges and was then granted bail while his passport was deposited at the execution division of the public prosecution.
Even if Dubai's top court upholds the lower court's decision, it will need approval from the UAE Minister of Justice for the extradition procedure to start.
mary@khaleejtimes.com
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